WIDOW AWARDED £750

Sun (Auckland), Volume IV, Issue 1031, 23 July 1930, Page 18

WIDOW AWARDED £750

COMPENSATION FOR DEATH OF HUSBAND KILLED AT CROSSING The sum of £750 compensation was awarded by the Arbitration Court yesterday afternoon to Elizabeth Eva Elliot, widow of Alexander F. Elliot, a stockman who was killed at the Southdown railway crossing on August 13, 1926. The victim of the fatality was em-v ployed by Alfred Buckland and Sons, Ltd., commission agents, against whom the widow made her claim. She contended that her husband was returning on a horse provided for him to the house, in which he was required to live, when the fatality occurred, and that he met his death in the course of his employment. For the plaintiff, Mr. Quartley stated that after the accident the horse was found near the Southdown station, suffering from an injured shoulder. There were also marks at the crossing showing where the horse had jumped the cattle stops. Counsel said the coroner had returned a verdict of death from injuries received through being thrown from his horse, or being struck by a passing train. The defence agreed that the deceased had been employed by the company as a stockman, but denied that his duties included living in the house at Otahuhu, or that he was in the course of his employment at the time he' was killed. SCOPE OF DUTY On behalf of the defendant, Mr. West contended that there was not sufficient evidence to prove that Elliot had met his death in the course of his employment. Counsel argued that if the stockman had been riding along the railway track at the time it could not be said that he was within the scope of his duty. In delivering the court’s decision. Mr. Justice Frazer held that the deceased was killed by the train while doing his duty to his employers, by making his way back to his headquarters at a reasonable time, and on a proper road.